Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 3560 . . . . . Thursday, June 1, 1995

Thursday, June 1, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, as we come to the final hours of this session of our General Assembly, receive a Benediction that has come down through the years:

"May the defense of the Most High

Be above and beneath you,

Around and within you,

In your going out and in

your coming in,

In your rising up

and in your going down,

All your days and all your

nights,

Until the DAWN when the Son of

Righteousness shall arise

With healing in His wings for

the people of the world"

By the grace of the God of us all!

Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


Printed Page 3561 . . . . . Thursday, June 1, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 18, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Dorchester County Voter Registration Board, with term to commence March 15, 1994, and to expire March 15, 1996:

Ms. Martha H. Hollis, 113 Pelican Street, Ladson, S.C. 29456

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 23, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointments, Dorchester County Voter Registration Board, with terms to commence March 15, 1994, and to expire March 15, 1996:

Mr. Harry J. Limehouse, Post Office Box 142, Summerville, S.C. 29484

Mr. Raymond L. Garvin, Post Office Box 657, St. George, S.C. 29477


Printed Page 3562 . . . . . Thursday, June 1, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 24, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable James A. Cox, 208 Mills Street, West Pelzer, S.C. 29669 VICE John W. Rogers (retired)

Reappointments, Dorchester County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Victor Glenn Stephens, 127 Bishopville Road, St. George, S.C. 29477

Honorable Charlene C. Snowden, 304 Woodland Drive, Summerville, S.C. 29485

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 25, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley


Printed Page 3563 . . . . . Thursday, June 1, 1995

Local Appointments

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Mr. Raymond McMillan, 304 Hudson Road, St. George, S.C. 29477 VICE Cranston Pinckney (retired)

Reappointment, Dorchester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Rodney W. Profit, 219 Towhee Drive, Summerville, S.C. 29485

Reappointments, Spartanburg County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable James B. Paslay, 803 Lucerne Drive, Spartanburg, S.C. 29302

Honorable Robert B. Hall, 151 Oakwood Drive, Woodruff, S.C. 29388

Honorable Georgia V. Anderson, 204 South Fairview Avenue, Spartanburg, S.C. 29302

Honorable James Freeman Ashmore, 302 Five Oaks Drive, Landrum, S.C. 29356

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 26, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Carolyn B. Waddell, 155 Brewton Road, Moore, S.C. 29369 VICE Rubye K. Calhoun


Printed Page 3564 . . . . . Thursday, June 1, 1995

Reappointments, Spartanburg County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Eber Charles Gowan, Jr., Post Office Box 37, Reidville, S.C. 29375

Honorable Edward H. Overcash, Jr., 166 Gordon Drive, Spartanburg, S.C. 29301

Honorable Kenneth H. Dover, Post Office Box 642, Inman, S.C. 29349

Honorable Joseph T. Petty, Post Office Box 128, Landrum, S.C. 29356

Honorable Vicki Rae M. Smith, 1074 Cross Anchor Road, Woodruff, S.C. 29388

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 29, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Dorchester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Troy Guerard Knight, Post Office Box 1372, Summerville, S.C. 29484


Printed Page 3565 . . . . . Thursday, June 1, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 1, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Initial Appointment, Dillon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable John R. Davis, Post Office Box 306, Latta, S.C. 29565 VICE Robert J. McBryde, Jr.

Initial Appointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Mr. W. Thomas Massey, 5667 Chadwick Court, Rock Hill, S.C. 29732 VICE Frederick G. McCrorey

Reappointment, Fairfield County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Ernestine M. Rabb, Route 1, Box 148, Jenkinsville, S.C. 29065

Initial Appointment, Dorchester County Voter Registration Board, with term to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Mr. Eric Britt, Apartment C-8, 1225 Boone Hill Road, Summerville, S.C. 29483 VICE Jacqueline K. Knight

Reappointment, Dorchester County Voter Registration Board, with term to commence March 15, 1994, and to expire March 15, 1996:

Mr. Orion P.D. Canant, 133 Axtell Drive, Summerville, S.C. 29485


Printed Page 3566 . . . . . Thursday, June 1, 1995

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Mr. Larry R. Kennedy, 9 Hummingbird Lane, Summerville, S.C. 29483 VICE Joseph Whitney Cunningham

Initial Appointment, Horry County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Mr. G. Derek Blanton, 201-L 1356 Glenn's Bay Road, Surfside Beach, S.C. 29575 VICE Carolyn R. Hills

Reappointments, Horry County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Rebecca S. Lovelace, 503 Lakewood Avenue, Conway, S.C. 29526

Honorable Tillmond E. Williams, 3880 Tillmond Drive, Conway, S.C. 29526

Honorable Dennis Earl Phipps, 1201 21st Avenue North, Myrtle Beach, S.C. 29577

Initial Appointments, Spartanburg County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Mr. Harold W. Pryor, 1257 Boiling Springs Road, Spartanburg, S.C. 29303 VICE Larry M. Hutchins

Mr. Larry Madison Hutchins, 767 California Avenue, Spartanburg, S.C. 29303 VICE William Andrew Hughes

Honorable Donnie Blackley, 236 St. Matthews Lane, Spartanburg, S.C. 29301 VICE Warren H. Sullivan

Reappointments, Richland County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Donald Jeffrey Simons, Post Office Box 762, Eastover, S.C. 29044

Honorable Clemon L. Stocker, 135 American Avenue, Hopkins, S.C. 29061

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE


Printed Page 3567 . . . . . Thursday, June 1, 1995

PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

Doctor of the Day

Senator ROSE introduced Dr. Bill Edwards of Charleston, S.C., Doctor of the Day.

S. 126--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., June 1, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
asks for a Committee of Conference, and has appointed Reps. Marchbanks, P. Harris and Carnell of the committee on the part of the House.

Very respectfully,
Speaker of the House


Printed Page 3568 . . . . . Thursday, June 1, 1995

Whereupon, the PRESIDENT appointed Senators LAND, MESCHER and SALEEBY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 1, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4018 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 903 -- Senator Rankin: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, BY ADDING ARTICLE 4, "THE HOMESTEAD PROPERTY TAX DEFERRAL FOR THE ELDERLY ACT", WHICH ALLOWS ELDERLY INDIVIDUALS ENTITLED TO THE HOMESTEAD PROPERTY TAX EXEMPTION TO DEFER ALL OR PART OF AD VALOREM TAXES LEVIED ON THE HOMESTEAD BY FILING AN ANNUAL APPLICATION.

Read the first time and referred to the Committee on Finance.

S. 904 -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-35 SO AS TO REQUIRE A PERSON SEEKING A HOME HEALTH LICENSE OR EMPLOYMENT WITH A HOME HEALTH AGENCY TO UNDERGO A STATE LAW ENFORCEMENT DIVISION AND FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW AND TO PROHIBIT ISSUANCE OF A


Printed Page 3569 . . . . . Thursday, June 1, 1995

LICENSE TO OR EMPLOYING A PERSON WHO HAS BEEN CONVICTED OF CERTAIN CRIMES.

Read the first time and referred to the Committee on Medical Affairs.

S. 905 -- Senators Jackson, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEMORATE MR. FRANKLIN GOODWIN FOR TWENTY-ONE YEARS OF SERVICE TO THE PEOPLE AND SENATE OF SOUTH CAROLINA AS SENATE PORTER AND TO DIRECT THE PLACEMENT OF AN HONORARY PLACQUE IN THE SENATE CLOAK ROOM FOLLOWING THE COMPLETION OF STATE HOUSE RENOVATIONS.

Whereas, beginning on January 7, 1974, and continuing for the next twenty-one years, Mr. Franklin Goodwin, known to us as "Mr. Frank", has faithfully and admirably served the South Carolina Senate as Senate Porter; and

Whereas, Mr. Frank has demonstrated unflagging loyalty and unselfish service to the South Carolina Senate and the people of this State; and

Whereas, Mr. Frank is known to each member of the Senate for his warm and charming personality; and

Whereas, it is the unanimous opinion of the Senate that Frank Goodwin provides the role model of which every state employee should pattern their conduct and service; and

Whereas, the members of the South Carolina Senate want him to know that his character, spirit and gentle personality have added greatly to the hallowed halls of the Senate. Now, therefore,

Be it resolved by the Senate:

That in recognition of Mr. Frank Goodwin's twenty-one years of service as Senate Porter, the Clerk of the Senate is directed to place a placque in his honor in the Senate Cloak Room following completion of State House renovations.

Be it further resolved that a copy of this resolution be forwarded to Mr. Franklin Goodwin.

The Senate Resolution was adopted.


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